Essilor International SAS v. J.P. Morgan Chase Bank, N.A.

Background

Essilor Manufacturing (Thailand) Co., Ltd. ("EMTC"), identified as a plaintiff in the opinion, moved for a protective order addressing topics in defendant J.P. Morgan Chase Bank, N.A.’s notice for a deposition under Federal Rule of Civil Procedure 30(b)(6). Under Rule 30(b)(6), an organization must designate a witness to testify about matters described in the deposition notice.

EMTC initially challenged topics 1–7, 12, 17, 19, 20–25, 27, 29–30, 32–33, and 40–62. J.P. Morgan later withdrew several topics, including 19, 43, 44, 49, and 55, and the parties agreed on or otherwise resolved additional topics. The remaining disputed topics were 1–7, 12–13, 21–25, 33, 35–37, 40–42, 45, 51, 53–54, 56–57, 60, and 62.

Legal standard

The court stated that a Rule 30(b)(6) deposition notice is subject to the limits in Federal Rule of Civil Procedure 26. Deposition topics must be proportional to the needs of the case, not unduly burdensome or duplicative, and described with reasonable particularity.

Ruling

The court reviewed each disputed topic and concluded that, as narrowed by J.P. Morgan, the topics individually and collectively were proportional to the needs of the case and were not unduly burdensome or duplicative. The court denied the motion to quash and ordered EMTC to produce a Rule 30(b)(6) witness prepared to testify about the disputed topics as narrowed, along with the topics previously agreed upon or for which J.P. Morgan accepted EMTC’s proposed narrowing.

Effect of the order

The order concerns the scope and preparation of a deposition. It does not decide the underlying claims described in the case caption.